Plea filed before Kerala High Court against Lakshadweep's 'No Vehicle Wednesday' decision

A petition has been filed before the Kerala High Court challenging the Lakshadweep administration's decision to declare every Wednesday as 'No Vehicle Day' across all islands in the Union Territory..The plea filed by one Ajmal Khan CP will be heard by Justice Bechu Kurian Thomas on Monday, February 23..The petitioner, a resident of Kalapeni Island and a practising advocate, regularly travels between Lakshadweep and Kerala for professional work.He has approached the Court seeking to quash an order issued by the Lakshadweep administration, prohibiting the use of motor vehicles every Wednesday across all islands with effect from February 25. According to the plea, the order allows only limited exemptions such as, vehicles used by persons with disabilities, security services and emergency medical purposes. The order also prescribes a penalty of ₹500 for violations.But the terms 'security services' and 'emergency medical purposes' have not been defined leaving scope for arbitrary enforcement of the order.The administration has stated in the order that this measure is aimed at promoting public health by encouraging, walking and cycling and to reduce pollution from vehicular emissions.However, according to the petitioner, this blanket prohibition is arbitrary, disproportionate and violative of the fundamental rights under Articles 14 (right to equality), 19(1)(d) (freedom of movement), 19(1)(g) (right to profession) and 21 (right to life) of the Indian Constitution of India.Forcing citizens to adopt a particular mode of transportation or movement amounts to unnecessary interference into the life and liberty of the people, the plea states.As per the petition,"It is respectfully submitted that the State cannot compel its citizens to adopt a particular mode of transportation such as walking or cycling, purportedly to promote health, by prohibiting the plying of motor vehicles. Such coercive interference amounts to an unjustified intrusion upon the personal liberty and freedom of movement of citizens.".The petitioner also highlighted the unique geographical conditions of Lakshadweep, where ships and flights operate on fixed schedules and are the primary modes of connectivity between the main land and the islands.Due to the vehicle ban, passengers arriving in Lakshadweep on Wednesdays would face hardship in reaching accommodations, workplaces, hospitals or any other essential services.As per the plea, auto-rickshaw drivers who are dependant on transportation for their livelihood would especially suffer loss due to the ban.Even the transportation of essential goods from jetties to shops and houses would be disrupted, affecting supply chains and island business.Thus, the petitioner has requested the Court to quash the order..The petition was filed through advocates Ruben George Rock, CN Noorul Hidya, Aslam KK and Thressy Thomas..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.